Work Permit Application

A Canadian work permit is a legal document that allows a foreign national to work in Canada. The government of Canada issues over five hundred thousand work permits each year to temporary foreign workers. In other words, a Canadian work permit allows foreign nationals to get employed in Canada.

The work permit application process is a crucial step toward employment for foreign employees aiming to work in Canada. Therefore, it is essential to pass through appropriate pathways to obtain a Canadian work permit.

Canadian work permit applications can be processed in several ways. Generally, to obtain work permits, an employer must submit a Labour Market Impact Assessment (LMIA), whereas, for other types of work permits, a relationship with Canada is required (previous education, spousal sponsorship, etc.).

The following categories will help you find the correct work permit for your situation:

Open Work Permits (no job offers or LMIA required)

A work permit that is not tied to a single business or area is referred to as an open work permit. This ensures that a foreign national with a valid open work permit can work for multiple employers in different regions of Canada. Please be advised that some open work permits may have other conditions or limits that foreign nationals must comply with. Applicants do not need to submit a Labour Market Impact Assessment (LMIA). The followings are the types of Open Work Permits:

• Post-Graduation Work Permits (PGWP)
• Spousal Sponsorship from Inside of Canada
• International Experience Canada (IEC) (working holiday visa)
• Bridging Open Work Permit (BOWP)
• Spouse Accompanying International Student or Worker

Benefits of having an open work permit
Open work permits are highly popular because they allow their holders more flexibility. Unlike most work permits attached to a certain business, an open work permit enables a foreign national to work for any employer in Canada, giving them the ability to move about with their ease. By gaining Canadian work experience you will also increase your eligibility to secure permanent residence in Canada.

Temporary Work Permits (with LMIA or job offer from a Canadian employer)

The Temporary Foreign Worker Program is the standard temporary worker visa. It is given to foreign workers who have previously accepted a job offer from a Canadian employer and for whom the employer has acquired a Labor Market Impact Assessment (LMIA) from the Canadian government.

LMIA-Based Work Permits
LMIA application is an official process of hiring a foreign worker for a Canadian organization. The foreign worker must first receive government approval before the hiring process takes place which is known as Labour Market Impact Assessment (LMIA). If you are interested in LMIA-based work permits, please click here to get more information.

LMIA-Exempt Work Permits
Although you must have a work permit to work in Canada, in some instances, you are allowed to work in the country without a permit. Here are the work permits that are LMIA-exempt: 

• Francophone Mobility Program
• C11 Entrepreneur Work Permit
• Intra-Company Transfers,
• CUSMA

How to apply for work permit in Canada?

To get a work permit in Canada you need to submit an online application package with Immigration, Refugees and Citizenship Canada (IRCC) or a Canadian visa office. Please note that for most work permits you will need to have a job offer from a Canadian employer before submitting your application.

It is necessary to note that the procedure for applying for a Canadian work permit varies based on the type of work permit you seek. The first step is determining which kind of work permit is most appropriate for you.

To get a work permit in Canada, it is usual to go through a two-step procedure to get a Canadian work permit. In most situations, candidates will first need to get a job offer in Canada before they can apply for a work permit.

Step 1 – Most of the time, the initial step toward getting a Canadian work permit is to submit an application to Employment and Social Development Canada (ESDC) for a Labour Market Impact Assessment (LMIA). Typically, a Canadian business must conduct domestic recruiting efforts and prove that Canadian permanent residents or citizens are not suited for the job before the position is filled.

Step 2 – Following the issuance of a positive LMIA, the applicant may proceed to apply for a Canadian work visa based on the LMIA. Unless a worker holds an open work permit, work permits are employer-specific. If a worker wishes to change employers, they must first get a new Work Permit before engaging in any further employment activities in Canada.

Please note that foreign workers may not need to have an LMIA or a job offer to apply for a work permit in some cases. This is true for those who have recently graduated from a Designated Learning Institute (DLI) or for the spouse of someone who is already in Canada on a work or study permit.

Work permit processing time Ontario, Canada

The processing time for a Canadian work permit can vary depending on the type of permit and individual circumstances. However, as of February 2023, the estimated processing time for a standard work permit is approximately 1-27 weeks, while the processing time for a work permit through the Global Talent Stream is around 2 weeks. It’s important to note that these times are only estimates and processing times can be affected by various factors such as the volume of applications and the completeness of the application.

Work permit Canada requirements

Here are the seven key eligibility requirements that all work permit applicants must meet to be considered for a work permit in Canada:

1. Prove that you have plans to leave Canada: Regardless of the type of work permit you’re applying for, you will need to demonstrate to a visa officer that you have a clear plan for leaving Canada once your work permit expires.
2. Show that you have sufficient financial resources: You will need to provide evidence that you have enough money to support both yourself and any family members who will be accompanying you during your stay in Canada, and that you’re able to cover the costs of your return trip home.
3. Have a clean criminal record: To be eligible for a Canadian work permit, you’ll need to show that you don’t have a criminal record and are not a threat to Canada’s national security.
4. Be in good health: Depending on your individual circumstances, you may be required to undergo a medical examination to ensure that you are in good health.
5. Not work for ineligible or adult entertainment employers: It’s important that you don’t plan to work for an employer who has been marked as “ineligible” due to previous violations of the Temporary Foreign Worker Program, and you cannot work for employers who regularly offer adult entertainment services.
6. Obey the law: You must not have a record of criminal activity, and you must be willing to obey all of Canada’s laws and regulations.
7. Provide any other requested documentation: You’ll need to provide all of the necessary documentation to prove your eligibility for a Canadian work permit, which may include a variety of supporting materials such as medical records, employment contracts, and more.

What documents are required to apply for a Canadian work permit?

The document checklist you’ll need for a Canadian work permit will vary depending on the work permit you’re pursuing. As part of their work permit application, candidates may be required to submit the following required documents:

• Completed application forms
• Proof of status in Canada (if applicable)
• Family member’s proof of status (if applicable)
• Labour Market Impact Assessment (if appropriate)
• A written offer of employment (if applicable)
• CV/ résumé
• Marriage certificate (if applicable)
• Police clearance certificates

You may be asked to present police clearance certificates by the visa officer assessing your application. This document may be part of your application checklist and must be included with your first submission, depending on where you are applying. Applicants may be needed to show a police clearance certificate from each country where they have lived for 6 months or more since turning 18.

• Certificat d’acceptation du Québec (CAQ) (if applicable)
• Proof that you meet the job requirements
• A valid copy of your passport
• Copy of education credential
• Medical exam results (if requested)

Based on their planned length of stay, where they have lived, and what type of work they will engage in, foreign individuals who apply to work in Canada may be required to undergo a medical exam.

With few exclusions, if you want to work in Canada for less than 6 months, you will most likely not need a health examination. You will need a medical exam if you plan to work in a job that requires close contact with people or if you are an agricultural worker who has been to certain countries.

Medical checks must be done with an IRCC-designated panel physician. On the IRCC’s Find a Panel Physician website, you can look for a panel physician near you. Applicants can undergo a medical examination before applying for a job.

What is proof of eligibility to work in Canada?

If you want to work in Canada, you’ll need to be able to prove that you’re eligible to do so. The Canadian government accepts a variety of documents as proof of eligibility, including a Canadian birth certificate, Canadian passport, Canadian citizenship certificate, Canadian certificate of permanent residence, Canadian open work permit, or receipt from Immigration Canada of an application for a post-graduate work permit.

It’s important to note that your proof of eligibility must be current and verified. That means that it cannot be expired, cancelled, or voided. Your offer of employment will be subject to verification of your eligibility, so it’s important that you have the necessary documentation on hand when applying for jobs.

If you are unable to provide evidence of your eligibility at least 6 weeks before the start date specified in the job offer, the employer may be forced to rescind the offer of employment. To avoid any issues, make sure that you have all of the necessary documents ready to go and that they are up-to-date and valid. If you’re unsure about which documents you need, it’s a good idea to speak with an immigration expert who can provide guidance and advice.

Applying for work permit outside Canada:

According to the guidelines, a foreign person may apply for an open work permit outside of Canada, at a port of entry, or after arriving in Canada. If your application is approved while you are outside Canada, you will get instructions on obtaining your work permit at the Canadian border (POE). If you submitted your application online, the letter would be available in your account. Or, if applied by mail, you would get a letter at your address.

When to apply for a work permit?

To apply for a work permit, you must first make an appointment with a specialist on the panel. An IRCC officer will contact you if you do not include your medical exam results with your application. The officer will provide you with instructions on how to complete the exam and a date by which you must complete it.

• Evidence of financial means to stay in Canada and return to home country
• Proof of payment for applicable government fees
• Recent passport-sized photos

All foreign nationals looking for a work permit in Canada must provide a passport-sized photo. The photo must meet IRCC’s requirements.

Who can apply for a work permit in Canada?

As a candidate, you can only apply for a work permit from inside Canada if you meet the following requirements:

• hold a valid study or work permit
• your spouse, common-law partner, or parents have a valid study or work permit
• you’re eligible for a post-graduation work permit and your study permit is still valid
• you have a Temporary Resident Permit (TRP) that is valid for 6 months or more
• you’ve submitted an application and now waiting for a decision on your permanent residence from inside Canada
• you made a claim for refugee protection
• you’re a trader, investor, francophone, entrepreneur, intra-company transferee, or professional under the Canada – United States – Mexico Agreement (CUSMA).

The requirements in Canada are as follows: while some exemptions are applied, foreign individuals generally need to hold a valid work permit to work in Canada. If you want to submit a work permit application, you must have an offer of employment by a Canadian company supported by a Labour Market Impact Assessment (LMIA). Please note that foreign workers may not need to have an LMIA or a job offer to apply for a work permit in some cases. This is true for those who have recently graduated from a Canadian Designated Learning Institute (DLI) or for the spouse of someone who is already in Canada on a work or study permit.

As a candidate who qualifies to apply for a work permit, you must also meet the eligibility requirements listed below:

• When your work permit expires, you must demonstrate your purpose to leave the country
• Demonstrate that you have enough funds to maintain yourself and your family in Canada
• You are not barred from entering Canada due to a criminal conviction or a medical condition
• You intend to work for an authorized employer
• You can provide any documentation that may be required to prove your eligibility to enter Canada

Work permits in Canada are normally processed between 1 to 9 months in general. The processing time begins when the IRCC receives your entire application and concludes until a decision is made.

An employer-specific work permit authorizes foreign nationals to work following the work permit’s criteria or limitations. It restricts a foreign national’s ability to work in Canada for more than one employer and in just one position. You may refer to this link to get more information.

Work permit applications and procedures are frequently time-sensitive processes. Having Canadian work permits consultant in Toronto as your legal representation is the most effective way to proceed. In the case of work permits, there is a greater chance of rejection if the application is not properly completed.

The paperwork and procedures for acquiring a work permit are complicated, and they frequently involve legal assistance. If you have previously acquired a work visa, you are not assured of a renewal. Legal assistance will help you strengthen your case for a Canadian work permit renewal. It is strongly advised that you get expert immigration advice for your specific situation. You may contact us today for additional information.